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(영문) 서울중앙지방법원 2017.10.26 2017고단2345
사기
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 3, 2015, the Defendant made a false statement to the victim I who was trying to purchase “Hel” in Suwon-si G through F at the E coffee shop located in Seocho-gu Seoul, Seocho-gu, to the effect that “it is not possible to obtain a full loan of KRW 2 billion, which is currently the trading price of the said her her her her her her her her her her her her her her 's her her her her her her her her her her her her her her her her her her her her hers her her her her her her her her her her her her her her her her her her her her her her her her her her

However, since the defendant thought that he will receive money from the injured party for personal use, he did not have the intention or ability to receive the loan by giving an appraisal value like the agreement.

As such, the Defendant: (a) by deceiving the victim; (b) received KRW 4 million from the victim to the victim via F; and (c) received KRW 5 million as a precedent expense around March 17, 2015, under the pretext of the deletion of the preceding sentence from March 6, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I and F;

1. Statement made by the prosecution against the F;

1. Each police statement made to F and I;

1. Investigation report (Submission of F data by a complainant's agent), investigation report (Statement by a new bank or child point K phone);

1. A copy of the real estate transaction contract, a copy of the check before oneself, letters sent by the complainant to the suspect, a certified copy of the register, and a record book;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is not recovered, and the fact that the defendant has been punished several times for the same kind of crime is disadvantageous.

However, the fact that the amount of fraud is not so big, the defendant deposited 1,500,000 won for the victim, and the defendant commits the crime.

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